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| Public Act 101-0322 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Park District Code is amended by changing | ||||
Section 10-7 as follows:
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(70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
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Sec. 10-7. Sale, lease, or exchange of realty.
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(a) Any park district owning and holding any real estate is | ||||
authorized
(1) to
sell or lease that property to the State of
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Illinois, with the State's consent, or
another unit of Illinois | ||||
State or local
government for public use, (2) to
give the | ||||
property to the State of Illinois if the property is contiguous | ||||
to a
State park, or (3)
to lease that property upon the
terms | ||||
and at the
price that the board
determines for a period not to | ||||
exceed 99 years to any
corporation organized under the laws of | ||||
this State, for
public
use. The grantee or lessee must covenant | ||||
to hold and maintain
the property for public park or | ||||
recreational purposes unless
the park district
obtains other | ||||
real property of substantially the same size or larger and of
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substantially the same or greater suitability for park purposes | ||||
without
additional cost to the district.
In the case of | ||||
property given
or sold under this subsection after the | ||||
effective date of this amendatory Act
of the 92nd General | ||||
Assembly for which this covenant is required, the
conveyance | ||
must provide that
ownership of the property automatically | ||
reverts to the grantor if the grantee
knowingly violates the | ||
required covenant by allowing all or any part of the
property | ||
to be used for purposes other than park or recreational | ||
purposes.
Real estate given, sold, or leased to the State of | ||
Illinois under this
subsection (1) must be 50 acres
or more in | ||
size, (2) may not be located within the territorial limits of a
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municipality, and (3) may
not be the site of a known | ||
environmental liability or hazard.
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(b) Any park district owning or holding any real estate
is | ||
authorized to convey such property to a nongovernmental entity | ||
in exchange
for other real property of substantially equal or | ||
greater value as determined
by 2 appraisals of the property and | ||
of substantially the same or greater
suitability for park | ||
purposes without additional cost to such district.
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Prior to such exchange with a nongovernmental entity the | ||
park board shall
hold a public meeting in order to consider the | ||
proposed conveyance. Notice
of such meeting shall be published | ||
not less than three times (the first
and last publication being | ||
not less than 10 days apart) in a newspaper
of general | ||
circulation within the park district. If there is no such
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newspaper, then such notice shall be posted in not less than 3 | ||
public places
in said park district and such notice shall not | ||
become effective until 10 days
after said publication or | ||
posting.
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(c) Notwithstanding any other provision of this Act, this | ||
subsection (c)
shall apply only to park districts that serve
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territory within a municipality having more than 40,000 | ||
inhabitants and
within a county having more than 260,000 | ||
inhabitants and bordering the Mississippi River. Any park | ||
district owning or holding
real estate is
authorized to sell | ||
that property to any not-for-profit corporation organized
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under the laws of this State upon the condition that the | ||
corporation uses the
property for public park or recreational | ||
programs for youth. The park district
shall have the right of | ||
re-entry for breach of condition subsequent. If the
corporation | ||
stops using the property for these purposes, the property shall
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revert back to ownership of the park district. Any temporary | ||
suspension of use
caused by the construction of improvements on | ||
the property for public park or
recreational programs for youth | ||
is not a breach of condition subsequent.
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Prior to the sale of the property to a not-for-profit | ||
corporation, the park
board shall hold a public meeting to | ||
consider the proposed sale. Notice of the
meeting shall be | ||
published not less than 3 times (the first and last
publication | ||
being not less than 10 days apart) in a newspaper of general
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circulation within the park district. If there is no such | ||
newspaper, then the
notice shall be posted in not less than 3 | ||
public places in the park district.
The notice shall be | ||
published or posted at least 10 days before the meeting. A
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resolution to approve the sale of the property to a | ||
not-for-profit corporation
requires adoption by a majority of | ||
the park board.
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(d) Real estate, not subject to such covenant or which has | ||
not been conveyed
and replaced as provided in this Section, may | ||
be conveyed in the manner
provided by Sections 10-7a to 10-7d | ||
hereof, inclusive.
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(d-5) Notwithstanding any provision of law to the contrary | ||
and in addition to the means provided by Sections 10-7a, 10-7b, | ||
10-7c, and 10-7d, real estate, not subject to a covenant | ||
required under subsection (a) or not conveyed and replaced as | ||
provided under subsection (a), may be conveyed to another unit | ||
of local government or school district if the park district | ||
board approves the sale to the unit of local government or | ||
school district by a four-fifths vote and: (i) the park | ||
district is situated wholly within the corporate limits of that | ||
unit of local government or school district; or (ii) the real | ||
estate is conveyed for a price not less than the appraised | ||
value of the real estate as determined by the average of 3 | ||
written MAI certified appraisals or by the average of 3 written | ||
certified appraisals of State certified or licensed real estate | ||
appraisers. | ||
(e) In addition to any other power provided in this | ||
Section, any park
district owning or holding real estate that | ||
the board deems is not required for
park or recreational | ||
purposes may lease such real estate to any individual or
entity | ||
and may collect rents therefrom. Such lease shall not exceed 2 | ||
and
one-half times the term of years provided for in Section | ||
8-15 governing
installment purchase contracts.
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(f) Notwithstanding any other provision of law, if (i) the | ||
real estate
that a park district with a population of 3,000 or | ||
less transfers by lease,
license, development agreement, or | ||
other means to any private entity is greater
than 70%
of the | ||
district's total property and (ii) the current use of the real | ||
estate
will
be substantially altered by that private entity, | ||
the real estate may be
conveyed only in the manner provided for | ||
in Sections 10-7a, 10-7b, and 10-7c.
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(Source: P.A. 91-423, eff. 8-6-99; 91-918, eff. 7-7-00; 92-401, | ||
eff.
1-1-02.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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